1,720,972 research outputs found
Blockchains, Orphan Works, and the Public Domain
Get PDFThis Article outlines a blockchain based system to solve the orphan works problem. Orphan works are works still ostensibly protected by copyright for which an author cannot be found. Orphan works represent a significant problem for the efficient dissemination of knowledge, since users cannot license the works, and as a result may choose not to use them. Our proposal uses a blockchain to register attempts to find the authors of orphan works, and otherwise to facilitate use of those works.
There are three elements to our proposal. First, we propose a number of mechanisms, included automated systems, to perform a diligent search for a rights holder. Second, we propose a blockchain register where every search for a work’s owner can be recorded. Third, we propose a legal mechanism that delivers works into orphanhood, and affords a right to use those works after a search for a rights holder is deemed diligent. These changes would provide any user of an orphan work with an assurance that they were acting legally as long as they had consulted the register and/or performed a diligent search for the work’s owner.
The Article demonstrates a range of complementary legal and technological architectures that, in various formations, can be deployed to address the orphan works problem. We show that these technological systems are useful for enhancement of the public domain more generally, through the existence of a growing registry of gray status works and clarified conditions for their use. The selection and design of any particular implementation is a choice for policy makers and technologists. Rather than specify how that choice should look, the goal here is to demonstrate the utility of the technology and to clarify and promote its role in reforming this vexed area of law
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Monitoring laws ::profiling and identity in the world state /
No full textOur world, and the objects and people within it, are increasingly interpreted and classified by automated systems. At the same time, those automated systems and their classifications influence what happens in the physical world. In this cyber-physical world or 'world state', people are asking what law's role should be in regulating these systems. In Monitoring Laws, Jake Goldenfein traces the history of government profiling, from the invention of photography to create criminal registers, through the emerging deployments of computer vision for personality, emotion, and behavioral analysis. He asks what elements and applications of profiling have provoked legal intervention in the past, and demonstrates exactly what is different about contemporary profiling that requires a new legal treatments. This work should be read by anyone interested in how computation is changing society and governance, and what the law can do to better protect us from these changes now
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Blockchains, Orphan Works, and the Public Domain
Get PDFThis Article outlines a blockchain based system to solve the orphan works problem. Orphan works are works still ostensibly protected by copyright for which an author cannot be found. Orphan works represent a significant problem for the efficient dissemination of knowledge, since users cannot license the works, and as a result may choose not to use them. Our proposal uses a blockchain to register attempts to find the authors of orphan works, and otherwise to facilitate use of those works.
There are three elements to our proposal. First, we propose a number of mechanisms, included automated systems, to perform a diligent search for a rights holder. Second, we propose a blockchain register where every search for a work’s owner can be recorded. Third, we propose a legal mechanism that delivers works into orphanhood, and affords a right to use those works after a search for a rights holder is deemed diligent. These changes would provide any user of an orphan work with an assurance that they were acting legally as long as they had consulted the register and/or performed a diligent search for the work’s owner.
The Article demonstrates a range of complementary legal and technological architectures that, in various formations, can be deployed to address the orphan works problem. We show that these technological systems are useful for enhancement of the public domain more generally, through the existence of a growing registry of gray status works and clarified conditions for their use. The selection and design of any particular implementation is a choice for policy makers and technologists. Rather than specify how that choice should look, the goal here is to demonstrate the utility of the technology and to clarify and promote its role in reforming this vexed area of law
Monitoring laws: the role of privacy in constraining state surveillance
No full text© 2016 Dr. Jake GoldenfeinThis thesis explores the role of privacy law and allied concepts in constraining law enforcement surveillance and profiling. New predictive analytics technologies facilitate ‘automated’ profiling techniques that pre-empt criminal behaviour and identify suspicious individuals. It is argued that, at present, those surveillance exercises are insufficiently or inadequately constrained by law, and their relationship to privacy law, in particular, is unclear.
Contemporary law enforcement information systems deploying automated profiling techniques did not emerge in a vacuum. They have their origins in earlier law enforcement technologies and practices such as dossier archives and habitual criminal registers. Privacy law, in different guises, and to different extents, has previously addressed the retention and processing of data in those types of file keeping systems. In particular, this thesis argues that, when applied to law enforcement profiling, privacy law functions as a negative protection of identity - a freedom from being profiled as a suspicious individual when such a characterisation is unjustified. That may be because profiling is based on information that inevitably produces an unfair interpretation of an individual (photography and habitual criminal registers), because profiling decisions are based on factually inaccurate or irrelevant data (text and dossier systems), or because a decision-making system manipulates data so extensively as to sever any connection with its semantic referent (transactional data and automated identification of criminal propensity).
By understanding the connections and continuities between these surveillance technologies and uses, as well as understanding what in particular about the older technical regimes privacy law considered sufficiently objectionable to warrant legal intervention, the thesis explores the role privacy law might play in addressing contemporary automated profiling. This is achieved through two parallel investigations. The first is a socio-technical exploration of law enforcement information systems including photographic registers, dossiers and algorithmic decision-making tools. The second is a doctrinal exploration of privacy ideas, including constitutional rights to private life, data protection, and the possibility of integrating privacy enforcement with informational environments in order to automate legal action. The thesis identifies the harms associated with each surveillance technique, as well as how and to what extent privacy law has been able to assuage those harms, and then extrapolates the analysis into suggestions for how contemporary automated profiling might be appropriately regulated. This ultimately provokes reflection on the appropriate media of legal transmission in an increasingly technical social milieu, and the changing nature of the technologies of law
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Google Scholar: Platforming the scholarly economy
No full textGoogle Scholar has become an important player in the scholarly economy. Whereas typical academic publishers sell bibliometrics, analytics and ranking products, Alphabet, through Google Scholar, provides "free" tools for academic search and scholarly evaluation that have made it central to academic practice. Leveraging political imperatives for open access publishing, Google Scholar has managed to intermediate data flows between researchers, research managers and repositories, and built its system of citation counting into a unit of value that coordinates the scholarly economy. At the same time, Google Scholar's user-friendly but opaque tools undermine certain academic norms, especially around academic autonomy and the academy's capacity to understand how it evaluates itself
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Managed Sovereigns: How Inconsistent Accounts of the Human Rationalize Platform Advertising
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